Section 1. K.S.A. 1997 Supp. 59-2946 is hereby amended to
read as
follows: 59-2946. When used in the care and treatment act for
mentally
ill persons:

(a) ``Discharge'' means the final and complete release from
treat-
ment, by either the head of a treatment facility acting pursuant to
K.S.A.
1997 Supp. 59-2950 and amendments thereto or by an order of a
court
issued pursuant to K.S.A. 1997 Supp. 59-2973 and amendments
thereto.

(b) ``Head of a treatment facility'' means the administrative
director
of a treatment facility or such person's designee.

(c) ``Law enforcement officer'' shall have the meaning
ascribed to it
in K.S.A. 22-2202, and amendments thereto.

(d) (1) ``Mental health center'' means any community
mental health
center organized pursuant to the provisions of K.S.A. 19-4001
through
19-4015 and amendments thereto, or mental health clinic organized
pur-
suant to the provisions of K.S.A. 65-211 through 65-215 and
amendments
thereto, or a mental health clinic organized as a not-for-profit or
a for-
profit corporation pursuant to K.S.A. 17-1701 through 17-1775
and
amendments thereto or K.S.A. 17-6001 through 17-6010 and amend-
ments thereto, and licensed in accordance with the provisions of
K.S.A.
75-3307b and amendments thereto.

(2) ``Participating mental health center'' means a mental
health center
which has entered into a contract with the secretary of social and
reha-
bilitation services pursuant to the provisions of
K.S.A. 39-1601 through
39-1612 and amendments thereto.

(e) ``Mentally ill person'' means any person who is suffering
from a
mental disorder which is manifested by a clinically significant
behavioral
or psychological syndrome or pattern and associated with either a
painful
symptom or an impairment in one or more important areas of
functioning,
and involving substantial behavioral, psychological or biological
dysfunc-
tion, to the extent that the person is in need of treatment.

(f) (1) ``Mentally ill person subject to involuntary
commitment for
care and treatment'' means a mentally ill person, as defined in
subsection
(e), who also lacks capacity to make an informed decision
concerning
treatment, is likely to cause harm to self or others, and whose
diagnosis
is not solely one of the following mental disorders: Alcohol or
chemical
substance abuse; antisocial personality disorder; mental
retardation; or-
ganic personality syndrome; or an organic mental disorder.

(2) ``Lacks capacity to make an informed decision concerning
treat-
ment'' means that the person, by reason of the person's mental
disorder,
is unable, despite conscientious efforts at explanation, to
understand ba-
sically the nature and effects of hospitalization or treatment or
is unable
to engage in a rational decision-making process regarding
hospitalization
or treatment, as evidenced by an inability to weigh the possible
risks and
benefits.

(3) ``Likely to cause harm to self or others'' means that the
person,
by reason of the person's mental disorder: (a) Is likely, in the
reasonably
foreseeable future, to cause substantial physical injury or
physical abuse
to self or others or substantial damage to another's property, as
evidenced
by behavior threatening, attempting or causing such injury, abuse
or dam-
age; except that if the harm threatened, attempted or caused is
only harm
to the property of another, the harm must be of such a value and
extent
that the state's interest in protecting the property from such harm
out-
weighs the person's interest in personal liberty; or (b) is
substantially
unable, except for reason of indigency, to provide for any of the
person's
basic needs, such as food, clothing, shelter, health or safety,
causing a
substantial deterioration of the person's ability to function on
the person's
own.

No person who is being treated by prayer in the practice of the
religion
of any church which teaches reliance on spiritual means alone
through
prayer for healing shall be determined to be a mentally ill person
subject
to involuntary commitment for care and treatment under this act
unless
substantial evidence is produced upon which the district court
finds that
the proposed patient is likely in the reasonably foreseeable future
to cause
substantial physical injury or physical abuse to self or others or
substantial
damage to another's property, as evidenced by behavior threatening,
at-
tempting or causing such injury, abuse or damage; except that if
the harm
threatened, attempted or caused is only harm to the property of
another,
the harm must be of such a value and extent that the state's
interest in
protecting the property from such harm outweighs the person's
interest
in personal liberty.

(g) ``Patient'' means a person who is a voluntary patient, a
proposed
patient or an involuntary patient.

(3) ``Involuntary patient'' means a person who is receiving
treatment
under order of a court or a person admitted and detained by a
treatment
facility pursuant to an application filed pursuant to subsection
(b) or (c)
of K.S.A. 1997 Supp. 59-2954 and amendments thereto.

(h) ``Physician'' means a person licensed to practice medicine
and
surgery as provided for in the Kansas healing arts act or a person
who is
employed by a state psychiatric hospital or by an agency of the
United
States and who is authorized by law to practice medicine and
surgery
within that hospital or agency.

(j) ``Qualified mental health professional'' means a physician
or psy-
chologist who is employed by a participating mental health center
or who
is providing services as a physician or psychologist under a
contract with
a participating mental health center, or a
licensed masters level psychol-
ogist or, a licensed marriage and family
therapist, a licensed professionalcounselor, a licensed specialist social worker or a licensed
master social
worker or a registered nurse who has a specialty in psychiatric
nursing,
who is employed by a participating mental health center and who is
acting
under the direction of a physician or psychologist who is employed
by, or
under contract with, a participating mental health center.

(2) ``Licensed master social worker'' means a person licensed
as a
master social worker by the behavioral sciences regulatory board
under
K.S.A. 65-6301 through 65-6318 and amendments thereto.

(3) ``Licensed specialist social worker'' means a person
licensed in a
social work practice specialty by the behavioral sciences
regulatory board
under K.S.A. 65-6301 through 65-6318 and amendments thereto.

(m) ``Treatment'' means any service intended to promote the
mental
health of the patient and rendered by a qualified professional,
licensed
or certified by the state to provide such service as an independent
prac-
titioner or under the supervision of such practitioner.

(n) ``Treatment facility'' means any mental health center or
clinic,
psychiatric unit of a medical care facility, state psychiatric
hospital, psy-
chologist, physician or other institution or person authorized or
licensed
by law to provide either inpatient or outpatient treatment to any
patient.

(o) The terms defined in K.S.A. 59-3002 and amendments
thereto
shall have the meanings provided by that section.

Sec. 2. K.S.A. 1997 Supp. 74-5363 is hereby amended to
read as
follows: 74-5363. (a) Any person who desires to be licensed under
this
act shall apply to the board in writing, on forms prepared and
furnished
by the board. Each application shall contain appropriate
documentation
of the particular qualifications required by the board and shall be
accom-
panied by the required fee.

(b) The board shall license as a licensed masters level
psychologist
any applicant for licensure who pays the fee prescribed by the
board
under K.S.A. 74-5365 and amendments thereto, which shall not be
re-
funded, who has satisfied the board as to such applicant's training
and
who complies with the provisions of this subsection (b). An
applicant for
licensure also shall submit evidence verified under oath and
satisfactory
to the board that such applicant:

(1) Is at least 21 years of age;

(2) has satisfied the board that the applicant is a person who
merits
public trust;

(3) has received at least a master's degree in clinical
psychology based
on a program of studies in psychology from an educational
institution
having a graduate program in psychology consistent with state
universities
of Kansas; or has received at least a master's degree in psychology
and
during such master's or post-master's coursework completed a
minimum
of 12 semester hours or its equivalent in psychological foundation
courses
such as, but not limited to, philosophy of psychology, psychology
of per-
ception, learning theory, history of psychology, motivation, and
statistics
and 24 semester hours or its equivalent in professional core
courses such
as, but not limited to, two courses in psychological testing,
psychopa-
thology, two courses in psychotherapy, personality theories,
developmen-
tal psychology, research methods, social psychology; or has passed
com-
prehensive examinations or equivalent final examinations in a
doctoral
program in psychology and during such graduate program completed
a
minimum of 12 semester hours or its equivalent in psychological
foun-
dation courses such as, but not limited to, philosophy of
psychology, psy-
chology of perception, learning theory, history of psychology,
motivation,
and statistics and 24 semester hours or its equivalent in
professional core
courses such as, but not limited to, two courses in psychological
testing,
psychopathology, two courses in psychotherapy, personality
theories, de-
velopmental psychology, research methods, social psychology;

(4) has completed 750 clock hours of academically supervised
prac-
ticum in the master's degree program or 1,500 clock hours of
postgrad-
uate supervised work experience;

(5) (A) has completed 2,000 clock hours of
postgraduate work ex-
perience under the supervision of a licensed psychologist or a
currently
licensed master's level psychologist with three years' experience
if suchapplicant commenced such postgraduate work experience prior to
July 1,1998, or (B) if such applicant commenced such postgraduate work
expe-rience on or after July 1, 1998, has completed 4,000 clock hours
of post-graduate work experience under the supervision of a licensed
psychologistor a currently licensed master's level psychologist with three
years' ex-perience;

(6) for applicants on and after January 1, 1997, has passed an
exam-
ination approved by the board with a minimum score set by the board
by
rules and regulations at 10 percentage points below the score set
by the
board for licensed psychologists.

(c) The board shall adopt rules and regulations establishing
the cri-
teria which an educational institution shall satisfy in meeting the
require-
ments established under item (3) of subsection (b). The board may
send
a questionnaire developed by the board to any educational
institution for
which the board does not have sufficient information to
determine
whether the educational institution meets the requirements of item
(3)
of subsection (b) and rules and regulations adopted under this
section.
The questionnaire providing the necessary information shall be
com-
pleted and returned to the board in order for the educational
institution
to be considered for approval. The board may contract with
investigative
agencies, commissions or consultants to assist the board in
obtaining in-
formation about educational institutions. In entering such
contracts the
authority to approve educational institutions shall remain solely
with the
board.

Sec. 3. K.S.A. 76-1305 is hereby amended to read as
follows: 76-
1305. The secretary of social and rehabilitation services is
authorized and
directed to establish, equip and maintain, in connection with and
as a part
of the Larned state hospital, suitable buildings to be known as the
``state
security hospital'' for the purpose of holding in custody,
examining, treat-
ing and caring for such mentally ill persons as may be committed
or
ordered to the state security hospital by courts of criminal
jurisdiction or
inmates with mental illness who are transferred for care or
treatment to
the state security hospital from the a
correctional institution under the
control of the secretary of corrections, or patients or
persons with a men-
tal illness, other than minors and voluntary
patients, who are transferred
for care or treatment to the state security hospital from any
institution
under the jurisdiction of the secretary of social and
rehabilitation services.
The secretary of social and rehabilitation services is hereby
authorized
and empowered to supervise and manage the state security hospital.
The
superintendent of the Larned state hospital shall act as the
superinten-
dent of the state security hospital.

Sec. 4. K.S.A. 76-1306 is hereby amended to read as
follows: 76-
1306. The secretary of social and rehabilitation services may
transfer any
patient or person, other than a minor or a
voluntary patient, in any insti-
tution under the supervision of saidthe
secretary to the state security
hospital whenever the secretary determines that such patient
or person
is suffering from a mental illness and because of the
behavior of thepatient or personwhen the secretary
determines that such patient orperson: (1) Due to the behavior of the patient,
the patient is a danger to
the other patients or persons in the institution
or; (2) that the patient
orperson is a security risk; or (3) that the
patient is charged or convicted offelony crimes and, therefore, is unable to receive proper
care or treatment
in a facility other than the state security hospital. Any patient
or person
transferred to the state security hospital under this section shall
be as-
signed quarters separate from those individuals who have been
trans-
ferred from penal institutions or committed thereto by courts under
the
Kansas code of criminal procedure.

Sec. 5. K.S.A. 76-1307 is hereby amended to read as
follows: 76-
1307. (a) Any patient or person transferred to the
state security hospital
by the secretary of social and rehabilitation services from an
institution
under the supervision of the secretary of social and rehabilitation
services
shall: (1) Be assigned quarters separate from those individuals who
have
been transferred from correctional institutions or committed to the
state
security hospital by courts pursuant to the Kansas code of criminal
pro-
cedure; and (2) remain subject to the same statutory provisions
applicable
to the patient or person at the institution from
which the patient or person
was transferred and in addition shall abide by and be subject to
all the
rules and regulations of the state security hospital not
inconsistent with
such statutory provisions.

(b) The next of kin and guardian, if one has been appointed,
of the
patient or person transferred to the state
security hospital by the secretary
of social and rehabilitation services under K.S.A. 76-1306 and
amend-ments thereto shall be notified of the transfer. If the
patient or person
was committed to the sending institution from which
the patient or personis being transferred by a court, notice of the
transfer shall be sent to the
committing court. The notice of transfer shall be given within a
reasonable
time after the date of the transfer.

Sec. 6. K.S.A. 1997 Supp. 74-5367 is hereby amended to
read as
follows: 74-5367. (a) The board may issue a temporary permit to
practice
as a licensed masters level psychologist to any person who pays a
fee
prescribed by the board under this section, which shall not be
refunded,
and who: (1) Meets all the requirements for licensure under this
act as a
licensed masters level psychologist, but whose application for
licensure is
pending; or (2) meets all the requirements for licensure under this
act as
a licensed masters level psychologist except the requirement of
postgrad-
uate supervised work experience or current employment, or both.

(b) A temporary permit issued by the board shall expire at
such time
as final action on the application is completed, but all such
temporary
permits shall expire one yeartwo years
after the date of issuance of the
permit. A temporary permit issued by the board may be renewed for
one
additional twelve-monthtwenty-four-month
period if the board finds that
satisfactory progress toward the supervised experience requirement
is be-
ing met.

(c) The board shall fix by rules and regulations fees for
application
and renewal of each type of temporary permit under this section.
The
application and renewal fee shall not exceed $100 except that the
fee for
application for and renewal of the two-year temporary permit
under
clause (1) of subsection (a) shall not exceed $200.

(d) The application for a temporary permit may be denied or a
tem-
porary permit which has been issued may be suspended or revoked
on
the same grounds as provided for suspension or revocation of a
license
under K.S.A. 74-5369 and amendments thereto.